ORDINANCE NO. 960296

Amending Section 18-51(4501), Code of Ordinances, entitled "Permanent Occupancy of Public Property--General" and Section 64-161, Code of Ordinances, entitled "Obstructions and encroachments - Prohibited; exception" by including the assessment of reasonable license fee for persons occupying the rights-of-way of the City.

WHEREAS, the City has at various times authorized the occupancy of right of way not currently required for public uses; and

WHEREAS, the rights of way of the City are a valuable asset, obtained for particular purposes; and

WHEREAS, when an encroachment into the right of way is permitted, there is a devaluation of the City's interests; and

WHEREAS, it is in the best interest of all citizens that the City exercise a prudent stewardship of this valuable resource by assessing reasonable license fee for occupancy of the right of way; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the Building Code, Section 18-51(4501), Code of Ordinances, entitled "Permanent Occupancy of Public Property--General" be repealed, and a new Section 18-51(4501) entitled "Permanent Occupancy of Public Property--General" be enacted to read as follows:

Sec. 4501. Permanent Occupancy of Public Property--General.

(a) Scope. No part of any structure or any appendage thereto shall project beyond the property line of a building site and encroach below, on or above public property, except where allowed without a permit in this chapter or as otherwise permitted by special ordinance.

(b) Construction. Structures or appendages regulated by this article shall be constructed of materials as specified in this article, section 1711.

(c) Projection. The projection of any structure or appendage shall be the distance measured horizontally from the property line to the outermost point of the projection.

(d) Other ordinances. No provisions of this article shall be construed to permit the violation of other ordinances regulating the use and occupancy of public property.

(e) Permit required. The director of codes administration shall issue a permit to construct an encroachment only when such encroachment is authorized by special ordinance. Encroachments may require approval from the municipal art commission, the department of public works, or the department of parks and recreation if required by ordinance or regulations applicable thereto.

The permittee shall keep in force insurance, issued by a company approved by the director of finance, meeting the following conditions:

(1) Liability insurance with either a combined single-limit policy of $500,000.00, or a split-limit policy of $100,000.00/$300,000.00 bodily injury and $100,000.00

property damage.

(2) The city shall be added as an additional insured to such policy by separate endorsement.

(3) The policy shall contain a separate endorsement requiring the insurance company to notify the city in writing of any change in or cancellation of the policy at least ten

days prior thereto.

(4) Before the permit is issued, and annually thereafter, the permittee shall deposit with the city a certificate of insurance evidencing that the endorsements required by

subsections (2) and (3) have been met.

Authorization for an encroachment shall be construed as a permit and not a grant and may be revoked by the city at any time; and, upon revocation, the permittee or the owner of the property adjacent to or adjoining such encroachment, at the same time the removal of the encroachment may be required, shall cause the removal of the encroachment and construction of necessary walls and footings to protect the public property, without expense to the city.

Exceptions: Permits shall not be required for:

(1) Cornices, sills, pediments and similar projections of decorative character when not more than ten inches beyond the property line, provided that every part of such

projection is not less than ten feet above the sidewalk and not less than 14 feet above

any alley or vehicular trafficway.

(2) Wheel guards of metal or concrete with rounded surfaces when encroaching onto public property, except alleys, not more than ten inches and not more than 18 inches

above grade.

(3) Metal wall plates and metal angle corners when projecting onto public property not more than one inch.

(4) Sill cocks, fire department connections and sprinkler system control valves when encroaching onto public property not more than eight inches.

(5) Awnings providing construction, projection, clearances and design conforming with this article, section 4506.

(6) Footings conforming with this article, sections 4502 and 4503.

(7) Curbs or buffer blocks conforming with this article, section 4502.

(f) Existing encroachments. Parts of existing buildings and structures which already lawfully project beyond the street lot line or building line may be maintained as constructed until their removal is directed by the director of codes administration.

(g) License fees. Encroachment into the right of way may be subject to the imposition of a reasonable license fee established by the City. If found to be in the public interest, the Council may modify or waive the imposition of a license fee.

Section 2. That Section 64-161, Code of Ordinances, entitled "Prohibited; exception" of Chapter 64, Article V, entitled "Obstructions and Encroachments", be repealed, and a new section 64-161, entitled "Prohibited; exception" be enacted to read as follows:

Sec. 64-161. Prohibited; exception.

(a) No person shall deposit, place, erect or maintain any structure, material, article, substance, decoration or thing on, in or above any street, curb, gutter, park, parkway, sidewalk or public place of the city except as specifically otherwise provided for by ordinance. This prohibition expressly includes the use of public rights of way for building or maintaining dispersed uses such as telecommunications, utility, cable television or other similar systems.

(b) Encroachment into the right of way may be subject to the imposition of a reasonable license fee established by the city. If found to be in the public interest, the Council may modify or waive the imposition of a license fee.

(c) Whenever any person or organization shall desire to use temporarily a portion of any street or sidewalk for one of the purposes mentioned in subsection (a) of this section, the director of public works may issue to such person or organization a permit to use a portion of such street to such extent and for such time as the director shall find to be reasonably necessary and in the public interest.

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Approved as to form and legality:

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Assistant City Attorney